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What Happens If You Never Did Medicaid Planning in Georgia?

Without Medicaid planning, you pay for nursing home care yourself until your savings drop to $2,000. After you die, Georgia can file a claim against your home to recover what it paid. This article covers every step of that process for Atlanta families, and what is still possible if you have no plan today.

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Without Medicaid planning, an Atlanta family pays the full cost of nursing home care until savings drop to $2,000. At about $8,800 a month, a $100,000 account is gone in about 11 months. Once you qualify, Medicaid pays the nursing home directly, and you keep $70 a month for yourself.

That is just the money while you are alive. After you die, it gets worse. Georgia can file a claim against your estate for every dollar Medicaid spent on your care. Your home, exempt while you were alive, becomes a target.

This article covers the spend-down, the $70-a-month life, the estate recovery claim, what happens if you made gifts, what happens to a spouse, and what you can still do if you have no plan today.

You Pay the Full Cost Until Your Assets Are Gone

Georgia Medicaid requires you to spend your countable assets down to $2,000 before the state pays a dollar. There is no exception for homeowners and no grace period.

At about $8,800 a month, the math is brutal. $50,000 in savings is gone in about 6 months. $100,000 is gone in about 11 months. $250,000 is gone in about 28 months, nearly 2 and a half years. Only then does Medicaid step in. See How Much Does a Medicaid Asset Protection Trust Cost in Georgia for what advance planning would have cost instead.

What the Spend-Down Looks Like in Practice

Countable assets include savings, CDs, stocks, IRAs past required withdrawal age, and second homes. Exempt assets include your primary home while you live there, one vehicle, and personal belongings.

These exemptions sound generous. They are not a protection plan. The home is only exempt while you are alive. After you die, Georgia’s recovery program can file a claim against it through probate.

After You Qualify: You Keep $70 a Month

Once Medicaid starts paying, your income situation changes completely. Georgia requires almost all of your monthly income, Social Security, pension, everything, to go directly to the nursing home.

You keep $70 a month for yourself. That is the personal needs allowance for haircuts, phone calls, and other basics. If your income is over $2,982 a month in 2026, you are not automatically disqualified, but the extra has to go into a Qualified Income Trust each month first.

After You Die: Georgia’s Estate Recovery Program

Under O.C.G.A. Section 49-4-147.1, Georgia files a claim against the probate estate for every dollar Medicaid paid.

Georgia is a probate-only recovery state. Assets that skip probate, like payable-on-death accounts or a funded revocable trust, are not subject to recovery. The home usually goes through probate. Georgia waives claims under $25,000, but a 12 to 24 month nursing home stay will far exceed that.

The only tool that protects both from the spend-down and from estate recovery is a Medicaid Asset Protection Trust set up at least 60 months before applying. Assets inside it skip probate entirely.

If You Made Gifts in the Last 5 Years

Georgia reviews every asset transfer made in the 60 months before you apply. Gifts to your kids or transfers into a trust in that window count against you, unless you got fair value back.

The penalty is the transfer amount divided by Georgia’s penalty divisor, $11,122 a month as of April 2026. During that penalty period, Medicaid pays for nothing. Example: a $100,000 gift two years before applying creates about 9 months of ineligibility, roughly $65,000 the family pays privately, on top of losing the gift itself.

If You Are Married: What Happens to the Spouse at Home

The spouse who stays home gets stronger protections. They can keep up to $162,660 in countable assets in 2026 under the Community Spouse Resource Allowance, while the spouse entering care still spends down to $2,000. For a fuller picture of planning ahead for care costs, see Long-Term Care Planning.

The home stays exempt as long as the at-home spouse lives there. But once both spouses are gone, Georgia can still file its claim, and the home is usually the target.

If the at-home spouse’s own income is low, they can also keep some of the applying spouse’s income. In 2026, Georgia guarantees the at-home spouse at least $4,066.50 a month in combined income before any of it has to go toward the cost of care.

What You Can Still Do If You Have No Plan

1

Nursing Home Admission Is Coming Soon

Crisis Medicaid planning runs $5,000 to $9,000 and can still convert some assets to exempt status and set up a Qualified Income Trust if needed.

2

Already in a Nursing Home

A full trust is no longer an option. But spousal planning and exempt asset strategies may still help, alongside documents like those covered in Incapacity Planning. Call an elder law attorney right away.

3

5 or More Years Before You Need Care

A Medicaid Asset Protection Trust costs $6,500 and protects your home and savings from both the spend-down and estate recovery. This is the only path with full protection at the lowest cost.

See Medicaid Planning for the full picture of how Atlanta families protect what they have built. Book a call to find out where you stand today.

$2,000
Asset Limit Before Georgia Medicaid Pays
That is how far your savings have to fall before Medicaid starts covering nursing home costs.
$8,800/Mo.
Average Georgia Nursing Home Cost
That is what a family could pay out of pocket every month during the spend-down, before Medicaid kicks in.
$70/Mo.
What You Keep After You Qualify
That is the personal needs allowance left over once nearly all your income goes to the nursing home.

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Melissa Breyer

Melissa Breyer

Georgia Estate Planning Attorney

Melissa Breyer is a Georgia-licensed estate planning attorney focused exclusively on trust-based planning for individuals and families. She personally meets with every client and designs every plan from scratch. No templates. No associates handling your case. Every plan is built for your specific family, your specific assets, and your specific wishes.

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Frequently Asked Questions

The home is exempt from the Medicaid spend-down while you or your spouse live there. It does not count toward the $2,000 asset limit. But after you die, Georgia’s estate recovery program can file a claim against it through probate. The only tool that protects the home from both the spend-down and estate recovery is a Medicaid Asset Protection Trust set up at least 5 years before applying.

No, but it comes close. Medicaid does not take exempt assets like your home while you live there, one vehicle, and personal belongings. Everything else has to be spent down to $2,000 first. After death, recovery claims are filed against the probate estate. Georgia waives claims under $25,000, but most nursing home stays exceed that.

The spend-down is paying for nursing home care yourself until your countable assets reach $2,000. At that point, Georgia Medicaid pays the nursing home directly, and you keep $70 a month for personal expenses. Everything else, Social Security, pension, and other income, goes to the nursing home.

Yes. Under O.C.G.A. Section 49-4-147.1, Georgia files a claim against the probate estate of a Medicaid recipient for what it paid during their lifetime. Georgia can only recover through probate, not from assets that skip it, like a funded trust. Georgia waives claims under $25,000, but a 12 to 24 month stay will usually exceed that.

Georgia reviews every transfer made in the 60 months before you apply. Gifts or trust transfers in that window count as disqualifying unless you got fair value back. The penalty is the amount divided by Georgia’s penalty divisor, $11,122 a month. A $100,000 gift creates about 9 months of ineligibility, costing the family roughly $65,000 in private-pay care on top of the lost gift.

No, but your options are narrower and more expensive. Crisis Medicaid planning runs $5,000 to $9,000 and can still convert some assets to exempt status and set up a Qualified Income Trust if needed. A full Medicaid Asset Protection Trust is no longer available once care has started. Call an elder law attorney as soon as possible.

Yes, but only after 30 days notice, and only if the resident truly has no way to pay. Federal law (42 CFR 483.15) allows discharge for nonpayment, but a facility cannot discharge someone while a Medicaid application is pending. If you submit proof that a Medicaid application is in process, the facility has to wait for that decision. A resident or family member can appeal a discharge notice, and the nursing home cannot move the resident out while that appeal is pending unless staying would be unsafe.

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